DEPARTMENT OF STATE OFFICE OF BUSINESS AND INTERNAL SERVICESCUSTOMER SERVICES
UNIFORM COMMERCIAL CODE FILING OFFICE Filed with the secretary of state on
These rules become effective 7 days after filing with the secretary of state.
(By
authority conferred on the department of state by section 9526 of the
uniform commercial code, 1962 PA 1742000 PA 348, MCL 440.9526)
Rule 102. (1) As used in these rules:
(a) “Amendment” has the meaning given
it as described in UCC section 9512 of the UCC, MCL
440.9512, includes. Amendments include assignments, continuations,
and terminations.
(b) “Assignment” is means an
amendment that purports to reflect an
assignment of all or a part
of a secured party's power to authorize
an amendment to a financing statement.
(c) “Correction Information statement” means a record that indicates, under UCC section
9518 of the UCC, MCL 440.9518, that a financing statement is
inaccurate or wrongfully filed.
(d)
“File number” means the unique identification number assigned to an initial
financing statement by the filing officer to identify for the purpose
of identifying the initial financing statement and permanently associating
associate the initial financing statement with all financing statements
related to it in the UCC information management system. The filing number bears no relation to the time of filing and is
not an indicator of priority.
(e) “Filing office” and “filing officer” mean the UCC section of the office of secretary of state or its successor.
(f) “Individual” means a human being, or a decedent in the case of a debtor that is the decedent’s estate.
(g)
“Initial financing statement” means a financing statement containing
the information required by UCC section 9502 of the UCC, MCL
440.9502, which, when filed, creates the initial record in the UCC
information management system.
(h) “Remitter” means a person who tenders a financing statement to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. “Remitter” does not include a person responsible merely for the delivery of the financing statement to the filing office, such as the postal service or a courier service, but does include a service provider who acts as a filer’s representative in the filing process.
(i)
“Request for expediting” means a
search request to provide a search
report on the day of the inquiry.
(j) (i) “UCC” means the uniform commercial code, 1962
PA 174, MCL 440.1101 to 440.9994 as adopted in this state and
in effect from time to time.
(k)(j) “UCC information management system” means the information
management system used by the filing officer to store, index, and retrieve
information relating to financing statements.
(l)(k) “Unique identification number" or "identification number" means a number that
includes the year of filing
expressed as the first 4 digits of a unique number
assigned to the financing statement by the filing office and a 1-digit verification number, to be
referred to as a check digit, assigned
by the filing office, but
mathematically derived from other numbers in the unique number.
(2) A word or term defined in the UCC has the same meaning when used in these rules.
R 440.103 Financing statement delivery.
Rule 103. Financing statements may be tendered for filing at the office as follows:
(a) By personal delivery at the filing
office’s street address.
(b)(a) By courier delivery at the
filing office’s street address.
(c)(b) By postal service delivery
to the filing office’s mailing address.
(d)(c) When made available by
the filing office, bBy electronic transmission to the filing office
in a manner prescribed by the filing officer using a standard approved
by the international association
of corporation commercial administrators and adopted by the
filing office.
(e) By
telefacsimile delivery to the filing office’s fax filing telephone number.
(fd) When
made available by the filing office, bBy direct online on-line or web
page data entry transmission to the filing office in a manner prescribed by the filing officer.
(ge) By email e-mail delivery
to the filing office's email
e-mail address.
R 400.104 Search request delivery.
Rule 104. (1) UCC search requests may
be delivered to the filing office by any of the means by which financing statements may be delivered to the
filing office. A request for
expediting may also be delivered by telephone.
(2) UCC search requests upon a debtor named on an initial financing statement may be made by an
appropriate indication on the face of the initial financing statement form if
the form is entitled to be filed. The
filing office may require that the
relevant search fee be tendered
with the initial financing statement.
R
400.105 Approved forms. Rescinded.
Rule 105. (1) The following forms are
approved for filing a written initial financing statement or a
written financing statement amendment:
(a) An initial financing statement form as prescribed in UCC section 9521(1).
(b) A financing statement amendment form as prescribed in UCC section 9521(2).
(c) An initial financing statement form or financing statement amendment form
approved by the international association of corporate administrators after
July 1, 2001.
(d) An initial financing statement form or financing statement amendment form
approved the national conference of commissioners on uniform state laws after
July 1, 2001.
(e) An initial financing statement form or financing statement amendment form
approved by the filing officer after July 1, 2001.
(f) If and when operational as determined by the filing officer, an initial
financing statement or financing statement amendment transmitted electronically
as prescribed by the filing officer.
(2) The additional filing fee provided in UCC section 9525(1)(a) shall not
apply to a written initial financing statement or a written financing statement
amendment specified in subrule (1)(a) or (b) of this rule.
(3) The additional filing fee provided in UCC section 9525(1)(a) shall apply to
an initial financing statement or a financing statement amendment not specified
in subrule (1)(a) or (b) of this rule.
R 440.106 Methods of payment.
Rule 106. Filing fees and fees for public records services may be paid by the following methods:
(a) Cash.
(b) Checks. personal checks, cashier’s checks, and money orders must be A
check made payable to the "State of Michigan,". including checks in an amount to
be filled in by a filing officer,
but not to exceed a particular amount, will be accepted for
payment if it is a cashier's check or certified check drawn on a bank
acceptable to the filing office or if the drawer is acceptable to the filing office.
(c) Billing account.
(d) The filing office will shall accept payment via electronic funds transfer
under national automated clearing house association ("NACHA") rules from remitters that
who have entered into appropriate NACHA-approved arrangements for such
the transfers and that who authorize
the relevant transfer
pursuant to such arrangements
and rules.
(e) Debit and credit card. The filing office shall accept payment via Visa, Mastercard,
Discover, and American Express credit and debit cards. If and when
operational as determined by the filing officer, the filing office may accept
a credit card issued by approved
credit card issuers,
in place of cash
or a check, as payment for
filing fees and fees for public records services. Remitters shall provide the filing officer with the card number, the
expiration date of the card, the name
of the approved card issuer, the name of the person or
entity to whom the card was issued and the
billing address for the card. Payment will not be deemed
tendered until the issuer or its
agent has confirmed to the filing office that payment will be forthcoming.
PART 2. ACCEPTANCE AND REFUSAL OF DOCUMENTS
R 440.201 Duty to file.
Rule 201. If there is no
ground to refuse acceptance of the document under sections 9516(2) or 9520(5)
of the UCC, MCL 440.9516 and 440.9520 R 440.202, then a financing
statement is filed upon its receipt
by the filing officer with the
filing fee and the filing officer shall promptly
assign a file number or
identification number to the financing statement and index it in the information management system.
R 440.202 Grounds for
refusal. Rescinded.
Rule 202. (1) The following grounds are the sole
grounds for the filing officer’s refusal to accept a financing statement for
filing:
(a) Except as provided
in paragraph (v) of this subdivision, a financing statement that adds 1 or more
debtors shall be refused if any of the following circumstances
exist:
(i) The document is an
initial financing statement and fails to include any of the following
information:
(A) A legible debtor
name.
(B) A legible debtor
address.
(C) The
identification of each named debtor as an individual or an organization.
(ii) The document is
an amendment and fails to include any of the following information:
(A) A legible debtor name for the debtor being added.
(B) A legible address for the debtor being added.
(C) The identification of each named debtor as an
individual or an organization.
(iii) The last name of
each individual debtor is not identified.
(iv) For each debtor
identified as an organization, the document fails to include any of the
following in legible form:
(A) The organization type,
(B) The state of organization.
(C) The organization number, or a statement that the
debtor does not have an organization number.
(v) If the document
contains more than 1 debtor name or address
and some names or addresses are missing or illegible, the filing officer
shall index the legible name and address pairings, and provide a notice to the
remitter containing the file number or identification number of the document, identification of the debtor
names that were indexed, and a statement that debtors with illegible or
missing names or addresses were not indexed.
(b) Except as provided
in paragraph (iv) of this subdivision, a financing statement adding 1 or more
secured parties of record or assignees shall be refused if any of the following
exist:
(i) The document is an
initial financing statement and fails to include either of the following in
legible form:
(A) Secured party
name.
(B) Secured party
address.
(ii) The document is
an amendment and fails to include either of the following in legible form:
(A) A name for the
secured party being added.
(B) An address for
the secured party being added.
(iii) The document is
an assignment and fails to include either of the following in legible form:
(A) A name for the
assignee.
(B) An address for
the assignee.
(iv) If the document contains
more than 1 secured party, or assignee, name
or address and some names or
addresses are missing or illegible, the filing officer shall index the legible name and address
pairings, and provide a notice to the remitter containing the file number or
identification number of the document, identification of the secured party, or
assignee names that were indexed, and a statement
that secured parties and assignees with illegible or missing names or addresses
were not indexed.
(c) A financing
statement other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement in the UCC
information management system that has not lapsed, or, until June 30, 2006, a number associated with a UCC financing statement filed in this state
before June 30, 2001, that has not lapsed.
(d) A continuation
shall be refused if it is not received during the
6-month period concluding on the day upon which the related financing statement would lapse. Both of the following apply to filing a
continuation:
(i) The first
day on which a continuation may be filed is the date of
the month corresponding to the date upon which the financing statement
would lapse, 6 months preceding the month
in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing
statement would lapse, then the first day on which a continuation may be filed is the last day of
the sixth month preceding the month
in which the financing statement would lapse, although filing by certain
means may not be possible on such date
if the filing office is not
open on such date.
(ii) The last
day on which a continuation may be filed is the date upon which the financing statement lapses.
(e) A financing
statement shall be refused if the document is accompanied by less than the full
filing fee tendered by a method described in R 440.106.
(f) Financing
statements communicated to the filing office by a means of communication not
authorized by the filing officer for the communication of financing statements
shall be refused.
(2) As used in this
rule, the term "legible" is not limited to refer only to written expressions on paper. It requires a machine-readable
transmission for electronic transmissions and an otherwise readily decipherable transmission in other
cases.
(3) A financing
statement that does not identify itself as an amendment or identify an initial
financing statement to which it relates, as required by MCL 440.9512, 440.9514,
or 440.9518, is an initial financing statement.
R 440.203 Grounds Ground
not warranting refusal.
R 203. (1) The only sole grounds for the filing
officer's refusal to accept a financing statement for filing are
enumerated in sections 9516(2) and 9520(5) of the UCC, MCL 440.9516 and
440.9520 R 440.202.
(2) The following are examples of defects that do not constitute grounds for refusal to accept a document:
(a) The financing statement contains or appears to contain a misspelling or other apparently erroneous information.
(b) The financing statement appears to identify a debtor incorrectly.
(c) The financing statement appears to identify a secured party or a secured party of record incorrectly.
(d) The financing statement contains additional or extraneous information of any kind.
(e) The financing
statement does not contain all of contains less than the information required by article 9
of the UCC, MCL 440.9101 to 440.9994, provided that if the document
contains the information
required in section 9516(2) of the UCC, MCL 440.9516R 440.202.
(f)
The financing statement incorrectly identifies collateral, or contains
an illegible or unintelligible description of collateral, or does not appear to
contain a description of collateral.
(g)
The document is accompanied by funds money in excess of the full
filing fee.
(3)
The examples enumerated in subrule (2) of this rule are not a comprehensive
enumeration of defects outside the scope of permitted grounds for
refusal to accept a financing statement for filing.
R 440.204 Procedure upon
refusal.
R 204. If the filing
officer finds grounds under sections
9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520, R 440.202 to refuse acceptance of a financing statement, then the filing officer
shall return the document, if written, to the remitter and
shall refund the filing fee upon request. The filing officer
shall send a notice that contains the
date and time the document would have
been filed had it been accepted
for filing, unless the date and time
are stamped on the document, and a brief description of the reason for
refusal to accept the document under sections
9516(2) or 9520(5), MCL 440.9516 and 440.9520 R 440.202. The notice
shall must be sent to a secured party or the remitter,
as provided in R 440.402(3) (2)(b), not later than the second business day after the filing office receives the
document. The refund may be delivered
with the notice or under separate
cover.
R 440.207 Refusal errors.
Rule 207. If a secured party or a remitter
demonstrates to the satisfaction of the filing officer
that a financing statement that was
refused for filing should not have
been refused under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and
440.9520 R 440.202, then the filing officer shall file the financing statement as provided in these
rules, reflecting a filing date and
time when filing should have occurred. The filing officer
shall also file a filing officer statement that states stating
that the effective date and time of filing is the date and time the financing statement was originally
tendered for filing, and sets forth the date and time. The demonstration of error shall constitute the secured
party's or remitter's authorization to file the filing officer's
correction statement.
R 440.302 Names of individuals.
Rule 302. The following provisions apply to the name of an individual who, or whose estate, is a debtor or a secured party on a financing statement:
(a) Separate
data entry fields are established for first personal name, additional
name or names or initial or initialsmiddle, and surnames last names of individuals. The filing
officer assumes no responsibility for the accurate designation of the components
of a names, but will shall accurately enter the data in
accordance with the filer's designations, as required by R 440.407(2)(b).
(b) Title Titles
and prefixes, such as “doctor,” “reverend,” Mr.,” and “Ms.,” should not be
provided by filers in financing statements. However, as provided in R 440.407,
when if a financing statement is submitted with
designated name fields, the data shall must be entered
in the UCC information management system exactly as
it appears.
(c) Titles and
suffixes, or indications of status, such as “M.D.” and “esquire,”
are not part of an individual's name and should not be provided by filers in
financing statements. However, as
provided in R 440.407, when if
a financing statement is submitted with
designated name fields,
the data shall must be
entered in the UCC information management
system exactly as it appears.
(d) Suffixes
that indicate which individual is being named, such as "senior," "junior," "I," "II," and "III," are appropriate and shall must be entered exactly as it appears into the UCC information management system in a field
designated for name suffixes.
(e) Name fields for individuals in the UCC information management system are fixed in length. Although filers shall continue to provide full names of individuals on their financing statements, a name that exceeds the fixed length of a name field is entered as presented to the filing officer, up to the maximum length of the field. The maximum lengths of name fields are as follows:
(i) First personal
name: 50 40 characters.
(ii) Middle Additional
name or names or initial or initials:, 20 50 characters.
(iii) Surname: Last name, 70 50 characters.
(iv) Suffix:, 20 characters.
R 400.303 Names of organizations.
Rule 303. Both of the following provisions apply to the name of an organization that is a debtor or a secured party on a financing statement:
(a) A single field is used to store an organization name.
(b) The
organization name field in the UCC information management system is fixed in
length. The maximum length is 255 250 characters. Although filers shall continue to provide full
names of organizations on their
financing statements, a name that
exceeds the fixed length is entered
as presented to the filing
officer, up to the maximum length of the field.
R 440.311 Information Correction statement.
Rule 311. Upon On
the filing of an information correction statement, the status
of the parties and the status of the financing statement shall be
is as follows:
(a) The filing of an
information correction statement shall have has no effect upon the status
of any party to the financing statement.
(b) The filing of an information
correction statement shall have
has no effect upon the status of the financing statement.
R 440.312 Procedure upon
lapse.
Rule 312. (1) If there is
no timely filing of a continuation with respect to a financing statement, then
the financing statement lapses on its lapse
date, but shall remains active
in the UCC information management system until the first anniversary
of its lapse date.
(2) On the first
anniversary of the lapse date of a financing statement, the financing statement shall
be deemed is inactive in the UCC information management system and the financing statement
shall is no
longer be made available to a searcher. unless inactive financing
statements are requested
by the searcher. and the financing statement
is still retrievable by the UCC information
management system.
Rule 402. (1) The date and
time of filing receipt are noted on the document or otherwise and permanently
associated with the record maintained for a financing
statement in the UCC information management system at the earliest possible time.
(2) The filing office
determines whether a grounds exists to refuse the document under sections 9516(2) or
9520(5) of the UCC, MCL 440.9516 and 440.9520 R 440.202. If there is no ground for refusal
of the document, then all of the following provisions
apply:
(iib) An acknowledgment
of filing is prepared as provided in R 440.2065
and delivered as provided in subrule (3) of this rule.
(iiic) The
sequence of the identification number is not an indication of the
order in which the document was received. If
there is a ground for refusal of the document, then notification of refusal
to accept the document is prepared as provided in R 440.2054 and delivered as provided in subrule
(3) of this rule.
(3) If the financing
statement was tendered in person,
then notice of refusal or acknowledgment of the filing may be given by delivering the notice or acknowledgment to the person
tendering the filing by personal delivery, or by first class mail
or overnight courier as provided in this subrule. If the financing
statement was tendered by on-line access, then notice of refusal or acknowledgment
of filing is given by delivering the notice or acknowledgment to the remitter by on-line response that includes the information required by R
440.205 or R 440.206. Acknowledgment of filing or notice
of refusal of a financing statement that includes the information
required by R 440.2054 or R 440.2065 tendered by any other means is given by delivering
the notice or acknowledgment to the secured party, or the first secured party if there are more than 1 named on the financing
statement, by first-class first
class mail, or, if the
remitter so requests,
by first-class first class
mail to the remitter, or by overnight
courier to the remitter if the remitter provides a prepaid waybill
or access to the remitter's account with the courier.
R 440.403 Filing date and time.
Rule 403. (1) Except as provided in subrule (2) of this rule, the filing date and time of a financing statement received with the proper filing fee is determined in the following manner:
(a) For a
financing statement delivered to the filing office as provided in R 440.103
(g) (a), the date and time delivery is receipted by the filing office.
(ab)
Notwithstanding the time of delivery, for a financing statement
delivered to the filing office as provided in R 440.103 (a) or (b),
or (c), €, or (g) during regular business hours, the earlier of the date and time delivery is receipted, or the next close of business following
delivery.
(bc) For a financing
statement transmitted to the filing office as
provided in R 440.103(c) (d), the date and time the filing office determines that all required elements of the
transmission have been received
in the required format and are machine- readable.
(cd)
For a financing statement transmitted to
the filing office as provided in R
440.103(d), (f), the date and time the financing statement has
been accepted for filing by the
filing office's direct online on-line entry system.
(2) Except as provided in
subrule (1)(b) and (c) and (d)
of this rule, the filing date
and time of a financing statement received after regular business hours or on a
day the filing office is not open for business is the earlier of the date
and time delivery is receipted by the filing office on the next day
the office is open for business, or the close of business on the next
day the filing office is open for
business.
(3) The filing officer may perform any duty relating to a financing statement on the filing date or on a date after the filing date.
R 440.406 Errors other than filing office errors.
Rule
406. An error by a filer is the
responsibility of the filer. A filer can correct an error by filing an
amendment. A person under whose
name a record is indexed can disclose
an error by filing an information correction statement.
R 440.407 Data entry of names; designated fields.
Rule 407. (1) A financing
statement shall must designate whether a name is a
name of an individual or an organization and, if an individual, shall must also designate
the first personal name, additional name or names or initial or
initials middle, and surname last names and any
suffix.
(2) Both of the following provisions apply to the data entry of names into the UCC information management system:
(a) Organization names are entered in the field designated for an organization name exactly as set forth in the financing statement, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.
(b) Individual names are
entered into the first personal name, additional name or names or initial or
initials middle, and surname last name and suffix
fields exactly as set forth on the financing statement.
R 440.408 Data entry of names; no designated fields.
Rule 408. (1) If an initial financing statement or an amendment that adds a debtor to a financing statement fails to specify whether
the debtor is an individual or an organization and is accepted for filing
in error, then all of the following provisions apply:
(a) When
If not set forth in a field
designated for individual names, a name is treated as an organization name if it
contains words or abbreviations that indicate status, such as any of the following
and similar words or
abbreviations in foreign
languages:
(i) Association.
(ii) Church.
(iii) College.
(iv) Company.
(v) Co.
(vi) Corp.
(vii) Corporation.
(viii)
Inc.,
(ix) Limited.
(x) Ltd.
(xi) Club.
(xii) Foundation.
(xiii) Fund.
(xiv) L.L.C.
(xv) Limited liability company.
(xvi) Institute.
(xvii) Society.
(xviii) Union.
(xix) Syndicate.
(xx) GmBH.
(xxi) S.A. de C.V.
(xxii) Limited partnership.
(xxiii) L.P.
(xxiv) Limited liability partnership.
(xxv) L.L.P.
(xxvi) Trust.
(xxvii) Business trust.
(xxviii) Co-op.
(xxix) Cooperative.
(xxx) Other designations established by statutes to indicate a statutory organization. In cases where organization or individual status is not designated by the filer and is not clear, the filing officer shall enter the name in the organization field.
(b) A
name is entered as the name of an
individual and not the name of
an organization if when the name is followed by a title substantially similar to one 1 of the following titles or the
equivalent of one 1 of the following
titles in a foreign language:
(i) Proprietor.
(ii) Sole proprietor.
(iii) Proprietorship.
(iv) Sole proprietorship.
(v) Partner.
(vi) General partner.
(vii) President.
(viii) Vice president.
(ix) Secretary.
(x) Treasurer.
(xi) M.D.
(xii) O.D.
(xiii) D.D.S.
(xiv) Attorney at law.
(xv) Esq.
(xvi) Accountant.
(xvii) CPA.
In such cases, the title is not entered.
(c) Where
If it is apparent that the name of
an individual and the name of an organization are stated on a single line and not in a designated individual name field, the name of the individual and the name of the organization shall must be entered as 1 debtor. 2 separate
debtors, 1 as an individual and 1 as an organization. Additional filing fees
for the additional debtor name will be required.
(2) If
an initial financing statement or an
amendment that adds a debtor to a financing statement fails to designate the
last name of an individual debtor and is accepted for
filing in error, or if only the last name of
an individual debtor is designated in
an initial financing statement
or an amendment that adds a debtor to a financing statement, then all of the following provisions apply:
(a) An initial in the
first position of the name is treated as a first name. An initial in the
second position of the name is treated as a middle name.
(b) An initial and a name to which the initial apparently corresponds, as indicated by parentheses or similar punctuation, is entered into 1 name field only.
(c) Two
individual names contained in a single line are entered as 2 different debtors.
(d) (c) A
1-word name is entered as a last name.
(e)(d) A
nickname, as indicated by parentheses or similar
punctuation, is entered in the name field together with the name
preceding the nickname, or if none,
then as the first name.
R 440.412 Correction Information
statement record.
Rule 412. (1) A record is
created for an information correction statement that bears
the identification number for the information correction
statement and the date and time of
filing.
(2) The record of the information correction statement
is associated with the record of the related initial
financing statement in a manner
that causes the information
correction statement to be retrievable each time a record of the financing statement is retrieved.
R 440.413 Global filings.
Rescinded.
Rule 413. The filing officer may accept for filing a single financing statement for the purpose
of amending more than 1 financing statement
for either or both of the following purposes:
(a)
To change secured party
name.
(b)To change
secured party address.
Rule
502. (1) A search request shall must
be accompanied by the appropriate fee, payable by a method described
in R 440.106, and must shall contain
all of the following information:
(a) The full correct name of a debtor or the name variant desired to be searched.
(b) Specify whether the debtor is an individual or an organization.
(c)
The name and address of the person to whom the search report is sent
to. to be sent.
(2) A
search request shall must be processed using the name in the
exact form it is submitted.
(3) For purposes of this rule, both of the following provisions apply:
(a)
The full name of an individual shall
must consist of a first personal name, a
middle name or initial, and a surname last name followed by any
suffix that may apply to the name.
(b) The full name of an organization shall must consist of the name of
the organization as stated on the articles of incorporation or other organic documents
in the state or country of organization or the name variant desired to be
searched.
R 440.503 Requests for expediting; identification; method; certification date.
Rule 503. (1) A request for expediting shall must be
identified as such by
the requestor.
(2) A request for
expediting shall must state whether the requestor desires
current certification. Current
certification is certification to the end of
the business day preceding the day of the request.
(3) If the requestor does
not expressly request current certification, then the
certification date shall be is the date under R 440.507.
R 440.504 Request for expediting; payment; account.
Rule 504. (1) A request for expediting shall not be accepted by the
filing office by telephone unless the requestor has a billing account with the filing office and authorizes the filing office to make a
charge to the account for the search.
(2) A request for expediting made by any other means provided
in R 440.103104 shall must be accompanied by cash or a check, in the correct
amount, for the statutory fee, or
the requestor shall have a billing account
with the filing office and shall
authorize the filing office to make a charge
to the account for the search.
R 440.505 Response to
request for expediting; mailing or personal delivery; time. Rescinded.
Rule 505. (1) The response to a request for expediting received
by the filing office before
11:00 a.m. on a business day shall be available
for mailing or personal
delivery between 3:00 p.m. and 4:30 p.m. on the day the request is
received.
(2)
A request for expediting
received by the filing office after 11:00
a.m. shall be considered a request for expediting and shall be processed
on the next business day. If
there is no personal delivery by the requestor
on the day personal delivery
is requested, then the information shall be mailed.
(3)
If the requestor specifies
a current certification date in the
request for expediting, then the information shall be available on the day
of the request by personal delivery
only.
R 440.508 Limited or modified search requests.
Rule 508. (1) A person requesting a UCC search may limit or modify the search by requesting either or both of the following:
(a) That copies of documents referred to in the report be included with the report.
(b) To limit the scope of the search and copies by reference to any 1 or more of the following:
(i) The initial financing statement identification number.
(ii) The city of the debtor.
(iii) The identity of a secured party of record.
(iv) The date of filing.
(viii) A range of dates between 2 specified dates.
(vi) A range of dates before or after a specified date.
(2) A report created by the filing officer in response to a request
that a UCC search be limited under this rule shall must contain
the following statement: "A
search request limited under R 440.508(1) may not reveal all filings against the debtor searched. The searcher
bears the risk of relying on the limited search."
R
440.509 Personal inspection of information; filing request; time; access to
files; charges; separate request for certification, updating, or copying. Rescinded.
Rule 509. (1) A
request for personal inspection of information
filed with the filing office
pursuant to the UCC shall specify a date and time for
the personal inspection. The inspection
shall be made not less than 3 business days after the request
is received by the filing office.
(2) A request for personal inspection of files may be made by telephone, in person, or by mail.
(3) The requestor shall only be given access to files specified in writing by the requestor on the date of
the request. The charge for personal
inspection shall be the statutory fee for expediting of the regular search process, plus the regular statutory
fee for each name of a debtor specified in the written request for inspection.
(4) The request for inspection of files shall not include a request
for certification, updating, or copying of documents. A separate request shall be made for certification,
updating, or copying by the secretary of state,
and shall be subject to a separate statutory fee.